Colton City Council
June 3, 2025

1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov

Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, JUNE 3, 2025 – 5:00 P.M.

CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.

CLOSED SESSION CALLED TO ORDER

ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide a copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Please state your name and your City of Residence before providing your comment.

2 A. CONFERENCE WITH LABOR NAGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager and Tom Cody, Human Resources Director Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title - City Manager

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Don Duenez - Echoes of Love Ministry FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
• Proclamation - Colton Teachers Appreciation Day
• Recognition - Colton Schools SIMSEF Award Recipients
• Recognition - Development Services Award for Cultural Resources Element

3 MAYOR AND COUNCIL ITEMS

GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS
There are no Public Hearing Items.

BUSINESS ITEMS
There are no Business Items.

PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide a copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Please state your name and your City of Residence before providing your comment.

4 CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

(1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on May 6, 2025 and Approval of Minutes for City Council Special Meeting Held on May 7, 2025. [City Clerk: Isaac T. Suchil]
(2) Warrants - Approve voucher number 219069 dated 04/28/2025 for $15,920.63; voucher numbers 219070 to 219149 dated 04/29/2025 and totaling $102,617.32; voucher numbers 219150 to 219293 dated 05/05/2025 and totaling $2,493,470.05; voucher numbers 219294 to 219380 dated 05/08/2025 and totaling $2,879,272.01; payroll disbursement listing dated 11/23/2024 to 12/06/2024 and totaling $1,163,816.59; payroll disbursement listing dated 12/07/2024 to 12/20/2024 and totaling $1,188,569.61; payroll disbursement listing dated 12/21/2024 to 01/03/2025 and totaling $1,100,830.69; payroll disbursement listing dated 01/04/2025 to 01/17/2025 and totaling $1,258,593.30 and payroll disbursement listing dated 01/18/2025 to 01/31/2025 and totaling $1,240,561.87. [Staff Person: Stacey Dabbs]
(3) Agreement - Del Real Family Trust - Approve the Extra-Territorial Water Service Agreement with Del Real Family Trust.
[Staff Person: Chad Blais]
(4) Contract Amendment - Best, Best & Krieger, LLP. - Approve Contract Amendment for Best, Best & Krieger, LLP. for the Provision of Services as City Attorney.
[Staff Person: Bill Smith]
(5) Contract Award - CMAX Commercial Maintenance Inc. - Award Contract to CMAX Commercial Maintenance Inc. for Street Sweeping Services.
[Staff Person: Chad Blais]
(6) Contract Award - GK & Associates - Approve Award of Contract to GK & Associates for Engineering Design Support, Project Management, and Inspection Services.
[Staff Person: Chad Blais]
(7) Emergency Condition - Agua Mansa Power Plant - Confirm Ongoing Emergency Condition at Agua Mansa Power Plant.
[Staff Person: Charles Berry]
(8) Notice of Completion - Target Alley Reconstruction Project - Approve a Notice of Completion for the Target Alley Reconstruction Project.
[Staff Person: Chad Blais]
(9) Professional Service Agreements - Engineering Plan Check - Award Fiscal Year 2025/2026 Engineering Plan Check Professional Service Agreements to Transtech Engineers, Inc., Bureau Veritas North America, Inc., and Engineering Resources of Southern California.
[Staff Person: Chad Blais]
(10) Purchase - Altec Industries, Inc. - Approve the Purchase of Three (3) D3060E Digger/Derrick Trucks from Altec Industries, Inc.
[Staff Person: Charles Berry]
(11) Purchase - Altec Industries, Inc. - Approve the Purchase of Three (3) TA60 Articulating Aerial Platform Trucks from Altec Industries, Inc.
[Staff Person: Charles Berry]

5 (12) Right-of-Way Dedication - 960 S. 5th Street - Acceptance of a Grant of Right-of-Way Dedication in Fee for Public Street Purposes Along 5th Street Fronting 960 S. 5th Street. [Staff Person: Chad Blais]
(13) Safety Recognition Program - Approve Creation of Safety Recognition Program to Promote Workplace Safety.
[Staff Person: Tom Cody]
(14) Wildfire Mitigation Plan - 2025 - Approve and Adopt a Resolution Adopting the Electric Utility 2025 Wildfire Mitigation Plan, RESOLUTION NO. R-42-25.
[Staff Person: Charles Berry]
(15) Set Public Hearing - LLMD I - Set Public Hearing Date of June 17, 2025 to Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District I for Fiscal Year 2025/2026, RESOLUTION NO. R-35-25, R-36-25, & R-37-25. [Staff Person: Chad Blais]
(16) Set Public Hearing - LLMD II - Set Public Hearing Date of June 17, 2025 to Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District II for Fiscal Year 2025/2026, RESOLUTION NO. R-38-25, R-39-25, & R-40-25. [Staff Person: Chad Blais]
(17) Set Public Hearing - Stormwater Fee - Set the Public Hearing Date of June 17, 2025 for the Basic Fee for Storm Water Services and Storm Water Management User Fee. [Staff Person: Chad Blais]
(18) Second Reading of Ordinance No. O-06-25 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, Adopting LRA Fire Hazard Severity Zones, ORDINANCE NO. O-06-25. [Staff Person: Stephanie M. Vargas]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>

PROCEDURES FOR ADDRESSING CITY COUNCIL

For the Official Record, it is requested that you obtain a card from the City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

7 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18, with the latest updates being approved on November 2, 2021. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ISAAC SUCHIL, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON MAY 6, 2025 AND APPROVAL OF MINUTES
FOR CITY COUNCIL SPECIAL MEETING HELD ON MAY 7, 2025.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

ATTACHMENT

1. 05-06-2025 Draft Minutes

2. 05-07-2025 - Draft Minutes
1 Packet Pg. 8
1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov

Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

AGENDA MINUTES

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, MAY 6, 2025 – 5:00 P.M.

CLOSED SESSION - 5:00 p.m.

Closed Session Meeting held on the given above date at 5:00 p.m., in the Colton Council Chamber at City Hall, with Mayor Navarro presiding

CITY COUNCIL ROLL CALL
Councilmembers present were MPT Toro, CM Chastain, CM González, CM Echevarria and Mayor Navarro.

STAFF PRESENT
Staff members present were City Manager Smith and City Attorney Campos; also present was City Clerk Suchil.

CLOSED SESSION PUBLIC COMMENT – None
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Items A and B.

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Attachment: 05-06-2025 Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

2 A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 -Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Div.

Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
B. CLOSED SESSION - CITY ATTORNEY EVALUATION
Public Employee Evaluation
Title: City Attorney

Mayor Navarro adjourned the meeting in to Closed Session at 5:01 p.m. with all Council Members present.

City Attorney Reports/Reportable Action
City Attorney Campos announced that the City Council met in Closed Session and discussed Items A and B; direction was given, but there was no reportable action.

OPEN SESSION
6:00 P.M.

Regular Meeting held on the above -given date at 6:00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION Pastor Peter Tasaka - The Vineyard
FLAG SALUTE Veterans of Foreign Wars Marine Corp. Veteran Tom Leon

CITY COUNCIL ROLL CALL

Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro, MPT Carlos Campos, City Attorney
Kelly J. Chastain Isaac T. Suchil, City Clerk
Dr. Luis S. González
John Echevarria Absent Henry M. Razo, City Treasurer

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Attachment: 05-06-2025 Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

3 CEREMONIAL MATTERS
• Proclamation - Colton Area Museum Day
CM González presented a proclamation recognizing May 3, 2025 as “Colton Area Museum Day.” CM González recognized the Museum Board members for their hard work and willingness to serve their community in preserving the city’s rich history. The recognition was accepted by the Museum Board Members: President Oscar Toastado, Lori Sanchez, Mary Helen Betancourt, Ruth Anne Martinez, and Angela Wilkenson.

• Proclamation – 56
th Annual Professional Municipal Clerks Week 2025
Mayor Navarro read a Proclamation Certificate declaring May 4, 2025 - May 10, 2025 Municipal Clerk' s Week, in recognition of the time honored and vital part of local government that Municipal Clerks serve in throughout the world. Mayor Navarro also extended appreciation to the City of Colton's Elected City Clerk, Isaac T. Suchil, as well as to the City Clerk Office staff: Michelle Guillen, Maria Quijano, and Stephanie M.

Vargas.

• Recognition - Hometown Heroes Program: New Military Banner Installations Heidi Strutz, Recreation Services Manager, recognized the New Military Banner Memorial honorees by inviting their family members to come up to the podium, one by one, to share a short biography of their honored loved ones, and to be presented with a recognition certificate and a replica military banner.

Military Banner Honorees:

 Name: Alex Alanis
Branch: U.S Army

 Name: Michael Alanis
Branch: U.S Army

 Name: Robert Chavez
Branch: U.S Navy

 Name: Keith Steele
Branch: U.S Army

 Name: Paul Ramirez
Branch: U.S Army

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Attachment: 05-06-2025 Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

4 MAYOR AND COUNCIL ITEMS

GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.

AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d). None disclosed.

APPOINTMENTS
• Appointment - RIX JPA - Appointment of Public Works & Utilities Director, Chad Blais, as Alternate Member to RIX JPA.

Council reached a consensus on appointing Chad Blais as the Alternate Member to the RIX JPA.

MAYOR AND COUNCIL DISCUSSION ITEMS – None

PUBLIC HEARINGS

(1) Assembly Bill 2561 Vacancy Report - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING FOR ASSEMBLY BILL 2561 VACANCY REPORT AND PUBLIC HEARING. [Staff Person: Tom Cody]
Mayor announces the Public Hearing Open.

City Clerk submits the Affidavit of Publication and reports on protests or objections thereto. None were submitted.

Staff Presentation – By Senior Resource Analyst, Regina Hawkins, which included a PowerPoint presentation.

Public Comment
There were no public comment cards submitted for this item.

Motion was made to close public hearing by C M Gonzalez with a second by C M Echevarria; motion passed unanimously.

Council Discussion

Discernment and discussion between Mayor and Councilmembers present, with clarification provided by staff.

The vacancy report was received and filed as presented.

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Attachment: 05-06-2025 Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

5 (2) Public Hearing - Electric Rate Adjustments - TIME AND PLACE FIXED TO

CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A

RESOLUTION TO APPROVE ELECTRIC RATE ADJUSTMENTS,
RESOLUTION NO. R-28-25. [Staff Person: Charles Berry]
Mayor announces the Public Hearing Open.

City Clerk Suchil submitted the Affidavit of Publication and report ed that there were no protests or objections received.

Staff Presentation by Electric Utility Director Charles Berry along with a power point.

Public Comment

The following community members addressed the Colton City Council and Mayor:

Aurelio Dela Torre, Resident/former City Treasurer.

Gen Valdez, Business Owner.

After hearing public comments, a motion was made by CM González, and a second by MPT Toro, to close the public hearing. Motion Passed; it was unanimous.

Council Discussion

Discernment and discussion between Mayor and Councilmembers present, with clarification and answers provided by staff.

CM González made a motion to approve and adopt Resolution No. R-28-25.

CM Chastain requested that CM González consider amending his motion to add language to the resolution that would prevent the PCA from being increased until the City Council can approve a PCA policy.

City Manager William R. Smith provided clarity regarding the PCA and addressed the concerns that CM Chastain had expressed.

CM González denied CM Chastain’s request to amend his original motion.

CM Chastain made a substitute motion that the PCA policy must be presented to the council no later than 6 months from the approval and adoption of Resolution No. R-28-25; second motion was provided by CM Echevarria. Motion Failed with MPT Toro, CM González, and Mayor Navarro voting no.

1.a
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Attachment: 05-06-2025 Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

6 A Motion and Second was made by CM González and MPT Toro to approve and adopt R-28-25 as presented. By majority vote, the motion passed with CM Echevarria voting no.

BUSINESS ITEMS – None

PUBLIC COMMENT- None

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 14.

Motion and Second made by CM Echevarria and CM Chastain to approve consent calendar Items 3 through 14.

Vote: Unanimous, Motion Passed.

(3) Minutes - Approval of Minutes for the City Council Special Joint Meeting Held on April 07, 2025, and the City Council Regular Meeting Held on April 15, 2025, on File in the Office of the City Clerk. [Staff Person: Isaac T. Suchil]
(4) Warrants - Approve voucher numbers 218381 to 218459 dated 03/26/2025 and totaling $98,743.72; voucher numbers 218460 to 218562 dated 03/27/2025 and totaling $1,236,729.41, replacement checks 218563 to 218564 dated 04/01/2025 totaling $6,804.35; voucher numbers 218565 to 218728 dated 04/03/2025 and totaling $1,492,953.27 and voucher numbers 218729 to 218823 dated 04/10/2025 and totaling $3,871,138.61.
[Staff Person: Stacey Dabbs]
(5) Agreement - Southern California Public Power Authority - Enter Into the First Amendment to Phase II Renewable Development Agreement with Southern California Public Power Authority (SCPPA) for Renewable Energy Development Projects.
[Staff Person: Charles Berry]
(6) Change Order - Roadway Engineering & Construction Corp. - Approve of Change Order No. 1 for the Police Department Parking Lot Expansion Project with Roadway Engineering & Construction Corp. [Staff Person: Anthony Vega]
(7) Contract Amendment - Ninyo & Moore - Approve Contract Amendment No. 4 with Ninyo & Moore to Complete Environmental Work at Corporate Yard.
[Staff Person: Charles Berry]
(8) Contract Award - Innovative Playground Design - Award Contract to Innovative Playground Design for Installation of Cooley Ranch State Preschool Playground. [Staff Person: Deb Farrar]
(9) Emergency Condition - Agua Mansa Power Plant - Confirm Ongoing Emergency Condition at Agua Mansa Power Plant.
[Staff Person: Charles Berry]

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Attachment: 05-06-2025 Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

7 (10) Project List - Road Repair and Accountability Act of 2017 (SB-1) - Approve and Adopt a Resolution to Approve List of Project for Fiscal Year 2025/2026 Road Repair and Accountability Act of 2017 (SB -1), RESOLUTION NO. R-27-25.
[Staff Person: Chad Blais]
(11) Purchase - American Power Systems, LLC - Approve Purchase of 130VDC Battery Bank and Charger from American Power Systems, LLC.
[Staff Person: Charles Berry]
(12) Purchase - Inner-Tite - Approve Purchase of Electric Meter Lock Rings from Inner-Tite. [Staff Person: Charles Berry]
(13) Second Reading of Ordinance O-04-25 & O-05-25 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California Amending Title 13, Section 13.04 of the Colton Municipal Code Establishing Water Capacity Charges & an Ordinance Amending Title 13, Section 13.16 of the Colton Municipal Code Establishing Wastewater Capacity Charges , ORDINANCE O-04-25 & O-05-25. [Staff Person: Stephanie M. Vargas]
(14) Set Public Hearing - Cal Fire Hazard Severity Zones (FHSZ) - Set Public Hearing for May 20, 2025, to Approve ORDINANCE NO. O-06-25 Adopting LRA Fire Hazard Severity Zones. [Staff Person: Ray Bruno]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Council Members comments and statements can be viewed on our City of Colton website (www.coltonca.gov)
CITY MANAGER'S REPORTS - None

ADJOURNMENT – at 8:01 p.m.

Moment of silence observed and the meeting Closed in Honor of: Mark Garcia, Paul S.

Ramirez, and Larenz Fondren.

__________________________
Isaac T. Suchil
City Clerk

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Packet Pg. 15
Attachment: 05-06-2025 Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25) 1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov

Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

BUDGET SPECIAL MEETING MINUTES

MINUTES

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

SPECIAL MEETING
WEDNESDAY, MAY 7, 2025 – 5:30 P.M.

CITY HALL, COUNCIL CHAMBERS

OPEN SESSION
5:30 P.M.

OPEN SESSION CALLED TO ORDER – At 5:30 P.M

CITY COUNCIL ROLL CALL
Council Members present were MPT Toro, CM Chastain, CM González, CM Echevarria and Mayor Navarro.

STAFF PRESENT
City Manager William R. Smith, Finance Director Stacey Dabbs, and Electric Utility Director Charles Berry.

City Clerk Isaac T. Suchil and City Treasurer Henry M. Razo were also present.

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Attachment: 05-07-2025 - Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

2 MAYOR AND COUNCIL ITEMS

GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.

AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d). None disclosed MAYOR AND COUNCIL DISCUSSION ITEMS – None

BUSINESS ITEMS

1. Fiscal Year 2025-26 Budget Workshop #2
Finance Director, Stacey Dabbs, presented an updated PowerPoint with the City Manager’s recommendation to not approve any new positions, at least until the Mid-Year budget, for the City Council’s review.

PUBLIC COMMENT
The following community members addressed the Colton City Council and Mayor:
• Aurelio DeLa Torrre, resident and former City Treasurer • Gary Grossich, Colton business owner
With no further public comment cards submitted, Mayor Navarro closed public comment.

COUNCIL DISCUSSION AND QUESTIONS
All members of the City Council had questions about the budget presentation and its subsequent recommendation by the City Manager; staff responded to all questions and addressed all concerns.

Council Member Chastain brought up the franchise fee from CR&R as to where it was applied. Staff indicated that that would not be in this budget report but would get back to her and Council about where those funds were applied.

Further discernment and discussion between Mayor and Councilmembers took place as the need for additional Police Officers to assist with homelessness and public safety was brought up by Council Member Echevarria.

The majority of council supported Mayor Navarro’s recommendation to accept the Fiscal Year 2025-2026 budget as presented and recommended by City Manager William R.

Smith, but a consensus was not reached because CM Echevarria would not agree unless additional police officer positions were added to the budget proposal.

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Attachment: 05-07-2025 - Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

3 ADJOURMENT
Mayor Navarro Adjourned the Special Budget Workshop Meeting at 7:39 p.m.

__________________________
Isaac T. Suchil
City Clerk

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Attachment: 05-07-2025 - Draft Minutes (4959 : Draft Minutes 05-06-25, 05-07-25)

ITEM NO. 2

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBER 219069 DATED 04/28/2025 FOR $15,920.63; VOUCHER NUMBERS 219070 TO 219149 DATED
04/29/2025 AND TOTALING $102,617.32; VOUCHER NUMBERS
219150 TO 219293 DATED 05/05/2025 AND TOTALING
$2,493,470.05; VOUCHER NUMBERS 219294 TO 219380 DATED
05/08/2025 AND TOTALING $2,879,272.01; PAYROLL
DISBURSEMENT LISTING DATED 11/23/2024 TO 12/06/2024 AND TOTALING $1,163,816.59; PAYROLL DISBURSEMENT LISTING
DATED 12/07/2024 TO 12/20/2024 AND TOTALING $1,188,569.61; PAYROLL DISBURSEMENT LISTING DATED 12/21/2024 TO
01/03/2025 AND TOTALING $1,100,830.69; PAYROLL
DISBURSEMENT LISTING DATED 01/04/2025 TO 01/17/2025 AND TOTALING $1,258,593.30 AND PAYROLL DISBURSEMENT
LISTING DATED 01/18/2025 TO 01/31/2025 AND TOTALING
$1,240,561.87.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve voucher number 219069 dated 04/28/2025 for $15,920.63; voucher numbers 219070 to 219149 dated 04/29/2025 and totaling $102,617.32; voucher numbers 219150 to 219293 dated 05/05/2025 and totaling $2,493,470.05; voucher numbers 219294 to 219380 dated 05/08/2025 and totaling $2,879,272.01; payroll disbursement listing dated 11/23/2024 to 12/06/2024 and totaling $1,163,816.59; payroll disbursement listing dated 12/07/2024 to 12/20/2024 and totaling $1,188,569.61; payroll disbursement listing dated 12/21/2024 to 01/03/2025 and totaling $1,100,830.69; payroll disbursement listing dated 01/04/2025 to 01/17/2025 and totaling $1,258,593.30 and payroll disbursement listing dated 01/18/2025 to 01/31/2025 and totaling $1,240,561.87.
2 Packet Pg. 19
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
June 3, 2025

BACKGROUND

The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.

ISSUES/ANALYSIS

All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
2 Packet Pg. 20
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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ITEM NO. 3

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE THE EXTRA-TERRITORIAL WATER SERVICE
AGREEMENT WITH DEL REAL FAMILY TRUST.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the Extra–Territorial Water Service Agreement by and between the City and the property owner, Del Real Family Trust, of the parcel located at 12376 Reche Canyon Dr. Colton CA, 92324 (APN 1178-371-12-0-000) and authorize the recordation of same.

BACKGROUND

A property owner in the unincorporated area of San Bernardino County who is requesting water utility services must first submit a letter to the City of Colton explaining what service (water) is needed, and why they want that service. The City Council has indicated that in order to supply water service to an unincorporated area, the property owner must go through a multi-step process which includes entering into an Extra -Territorial Water Service Agreement with the City of Colton. At this time, the City is not proposing to annex this property.

As per California Government Code, Section 56133, the City of Colton cannot provide new or extended services by contract or agreement outside its jurisdictional boundary until an application by the City is submitted to and approved by the Local Agency Formation Commission of San Bernardino County (LAFCO). After the approval of the Extra -Territorial Water Service Agreement and the City’s LAFCO application, the property owner will pay all plan check and water connection fees to the City of Colton. Thereafter, the water service to the property owner will be constructed.

3 Packet Pg. 133
Staff Report to the Mayor and City Council
Agreement - Del Real Family Trust
June 3, 2025

ISSUES/ANALYSIS

Attached is the Extra -Territorial Water Service Agreement for providing the City water connection to the property located at 12376 Reche Canyon Dr. Colton, CA 92324 (APN 1178 - 371-12-0-000). Edith Del Real, trustee of Del Real Family Trust, has an existing single family residential property which is currently receiving water supply from a shared well. Due to insufficient supply, the homeowner is taking the necessary steps to connect to the City of Colton’s water utility system. This parcel is located in the County of San Bernardino and the City has a potable water mainline located adjacent to the property where the property owner can connect the new water service . The agreement is a condition for allowing the property owner to connect to the City’s water system at their own expense . Additionally attached is the San Bernardino County LAFCO letter of approval for the applicant to connect to the City’s water system.

FISCAL IMPACTS

No fiscal impact. The property owner will be responsible for all LAFCO processing fees and application costs. The water connection fees will be paid upon permit approval for connection to the City’s water system. Thereafter, the property owner will be responsible for the recurring monthly service charges.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Extra Territorial Water Service Agreement

2. Exhibit B - LAFCO Letter of Acceptance
3 Packet Pg. 134

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Local Agency
Formation Commlss on
ti
F ER
SENT VIA U.S. MAIL AND E-MAIL
April 9, 2025
William R. Smith, City Manager
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
Dear Mr. Smith:

RE: City of Colton Extra-Territorial Water Service Agreement (APN 1178-371-12)
LAFCO has received the proposed out-of-agency service agreement for water service from the City of Colton. The area to be served is located at 12376 Reche Canyon Road (APN 1178-371-12) in the City of Colton's southeastern sphere of influence. The application submitted is determined to be complete and has been assigned the following identification number: LAFCO SC#537.

Pursuant to the provisions within Government Code Section 56133 and policies adopted by the Local Agency Formation Commission, our review of the application submitted by the City of Colton shows that an administrative approval by the Executive Officer can be provided. The determinations related to the agreement are:

1. 2.

The agreement is non-development related and meets the
criteria outlined within the Commission's guidelines for response to health and safety concerns. The agreement proposes to provide water service to a parcel comprising approximately 1.2 acres generally located on the southwest corner of Reche Canyon Road and Fern Lane, to an existing single-family residence.

The agreement has been determined to be categorically exempt from environmental review. It has been determined that the agreement falls under the Class 3 Categorical Exemption, Section 15303(d) of the California Environmental Quality Act Guidelines as it relates to the connection of existing structure(s) to existing infrastructure. A Notice of Exemption has been filed.

3. The area to be served by agreement is within the sphere of influence assigned to the City of Colton. The signing of the agreement anticipates that a future change of organization will take place in compliance with State law and Commission policy.

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Attachment: Exhibit B - LAFCO Letter of Acceptance (4955 : Agreement - Del Real Family Trust) LAFCO SC#537
William R. Smith

4. The area to be served is contiguous to existing City boundaries to the east along Reche Canyon Road and is thereby capable of being annexed. This service agreement has been submitted in order to allow for a timelier response for the provision of water service than afforded through the annexation process.

5. The LAFCO filing fee of $634 for this review has been paid.

In keeping with the determinations outlined above, the City of Colton is hereby authorized to proceed to provide the requested water service through final action on the service agreement.

Should you have questions concerning this correspondence, please do not hesitate to contact our office at the number listed above.

Sincerely,
~~
SAMUEL MARTIN~
Executive Officer
Enclosure
cc: Jess Sotto, Utilities Engineer, City of Colton
Albert & Edith Del Real, property owners

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ITEM NO. 4

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: APPROVE CONTRACT AMENDMENT FOR BEST, BEST &
KRIEGER, LLC. FOR THE PROVISION OF SERVICES AS CITY
ATTORNEY.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the Second Amendment to the Amended and Restated Agreement for City Attorney Legal Services with Best, Best & Krieger LLP in accordance with Colton Municipal Code section 3.08.140(P).

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Staff Report to the Mayor and City Council
Contract Amendment - Best, Best & Krieger, LLC.

June 3, 2025

BACKGROUND

The current agreement for City Attorney services, with Best, Best & Krieger (BBK), expires on October 31, 2025, with a City option to extend the agreement for a five (5) year period. BBK has submitted a proposal to the City Council, which will save the City future costs, in exchange for the City exercising the five (5) year extension.

ISSUES/ANALYSIS

The proposal submitted by BBK, contains the following proposed changes. • The monthly retainer shall be reduced from $34,275 monthly, to $31,500 monthly. • The monthly number of staff hours included in the monthly retainer shall be decreased from 160 hours to 140 hours.

All other terms of the current agreement are to remain unchanged.

The reduction in retainer hours from 160 per month, to 140 per month, is not anticipated to be problematic, as retainer hours utilized over the past 1 -2 years have trended between 120 -140 per month.

Because BBK represents many cities throughout California, its clients enjoy many cost -shared opportunities, whereby several cities (including Colton) share in the work product that is of - interest to those BBK cities. This results in significant savings, as the costs are shared amongst many cities, and staff and BBK will continue to identify and pursue similar opportunities.

It should be further noted that BBK has a long -standing and positive relationship with the City, City Council, and staff. BBK is an industry leader, which creates further “economies of scale” which can further reduce costs. BBK is also a “local” firm, with offices located in neighboring Riverside and Ontario, amongst other locations. Current City Attorneys Carlos Campos and Marco
Martinez will continue to be Colton’s primary assigned attorneys, with many other subject - matter experts at the City’s disposal, as needed.

Upon approval and execution of this Second Amendment, City Council and the City Attorney will undertake an evaluation process to set future goals for the City Attorney’s Office for the future.

FISCAL IMPACTS

The new monthly retainer will be $31,500, for up to 140 hours of basic legal services, or $378,000 per year. This represents an estimated savings of $33,300 per year from the current monthly retainer amount of $34,275. Basic legal services in excess of 140 hours in a given month, as well as services beyond the scope of basic legal services are billed separately and 4 Packet Pg. 145
Staff Report to the Mayor and City Council
Contract Amendment - Best, Best & Krieger, LLC.

June 3, 2025

hourly, and this additional amount is based strictly on case load. The rates for this additional billing remain unchanged, as a result of this amendment.

While this amendment and subsequent extension is entirely discretionary, as provided in the current agreement, it is also compliant with City Municipal Code for Purchasing. This contract extension is exempt from the City’s bidding requirements, pursuant to Colton Municipal Code, Section 3.08.140 (P), which does not require bidding for special services, including legal services.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Colton - Second Amendment to Legal Services Agreement - Extension of Contract (2025) 4 Packet Pg. 146
23152.06020\43788936.1

AMENDMENT NO. 2

TO THE AMENDED AND RESTATED AGREEMENT

FOR CITY ATTORNEY LEGAL SERVICES BETWEEN THE CITY OF COLTON

AND BEST BEST & KRIEGER LLP

1. Parties and Date.

This Amendment No. 2 to the Amended and Restated Agreement for City Attorney Legal Services is made and entered into as of this 3rd day of June, 2025, by and between the City of Colton (“City”) and Best Best & Krieger LLP, a California Limited Liability Partnership (“BBK”). City and BBK are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and BBK have entered into an agreement entitled “Amended and Restated Agreement for City Attorney Legal Services” dated November 1, 2015 (“Agreement” ) for the purpose of retaining the services of BBK to provide general municipal legal services to City and its associated entities; and

2.2 Amendment No. 1. On October 7, 2020, the City and BBK amended the Agreement to reduce the monthly Basic Legal Services rate and extend the Agreement for an additional five (5) year term; and

2.3 Legal Service Needs & Review. In early 2025, the City Council conducted a review of the City’s legal services and rates and upon concluding that review , determined that BBK should continue providing City Attorney services, subject to certain revisions to the Agreement; and

2.4 Amendment No. 2. The City and BBK desire to amend the Agreement to extend the term of BBK’s provision of legal services and provide amended legal service rates; and

2.5 Amendment Authority. This Amendment No.2 is authorized pursuant to Section 3.15 of the Agreement.

3. Amendments.

3.1 Amendment to Term. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:

“3.1 Term. The term of this Agreement shall commence and shall continue in full force and effect until October 31, 2030 unless terminated in accordance with Section 3.12.

Notwithstanding the termination of the term, the City Council may authorize an additional five (5) year term extension, on or before the expiration date of the original term. At least six months prior to the expiration of the original term, City and BBK shall review the services and rates provided to determine if any changes are required.”

3.2 Amendment to Exhibit “A -1.”. Section 1 of Exhibit A -1 of the Agreement is hereby

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amended and restated in its entirety to read as follows:

“1. Basic Legal Services – Description and Rate. Basic Legal Services shall include all services provided to City that are not otherwise specifically identified below as either Enterprise Fund Legal Services, Special Legal Services, Third Party Reimbursable Legal Services, or Public Finance Legal Services. Effective July 1, 2025, the City shall pay for Basic Legal Services at the flat rate monthly retainer amount of $31,500.00 per month for up to 140 hours of basic legal services. Basic Legal Services shall include preparation of a quarterly litigation log/update and City’s participation in BBK’s annual Brown Act update at no cost. Basic Legal Services shall also include routine code enforcement services, including simple code enforcement litigation.

Basic legal services over 140 hours in any given month shall be billed at $250 per hour (blended) for attorneys and $150 per hour (blended) for paralegals and law clerks.”

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement, including rates not classified as “Basic Legal Services” remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.5 Severability. If any portion of this Amendment No.2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Colton - Second Amendment to Legal Services Agreement - Extension of Contract (2025) (4957 : Contract Amendment - Best, Best 23152.06020\43788936.1

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE

AMENDED AND RESTATED AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES

BETWEEN THE CITY OF COLTON AND BEST BEST & KRIEGER LLP

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Amended and Restated Agreement for City Attorney Legal Services as of the day and year first above written.

CITY OF COLTON

Approved By:

Frank Navarro
Mayor

Date

Attested By:

City Clerk

BEST BEST & KRIEGER LLP

Signature

Marco A. Martinez
Partner

Partner

Signature

Carlos Campos
Partner

Partner

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ITEM NO. 5

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: AWARD CONTRACT TO CMAX COMMERCIAL MAINTENANCE
INC. FOR STREET SWEEPING SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the award a 3-year term Maintenance Agreement for street sweeping to CMAX beginning Fiscal Year 2025/26.

2. Authorize the City Manager to execute the City’s standard maintenance agreement on behalf of the City with any non-substantive revisions approved by the City Attorney.

BACKGROUND

The City of Colton Street sweeping services are provided by a maintenance contractor that specializes in street sweeping. The service consists of providing routine street sweeping services for the City of Colton’s streets, curbs and medians. All locations are within the city limits of the City of Colton. The contractor shall provide all labor, equipment, tools, fuel, materials, dumping, insurance, supervision, and all other items needed to deliver excellent street sweeping services. Street sweeping services must comply with city, state and federal law. Equipment provided must comply with state and federal regulations.

ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Proposals was published in The Press Enterprise on April 19, 2025, and April 26, 2025. Three (3) proposals were received from known street sweeping companies in Southern 5 Packet Pg. 150
Staff Report to the Mayor and City Council
Contract Award - CMAX Commercial Maintenance Inc.

June 3, 2025

California on May 8, 2025. Staff evaluated each proposal received and ranked the companies in the following order:

1. CMAX $394,067.19

2. SCA $576,882.80

3. Guardian $533,773.50

Staff recommends award of a maintenance agreement for street sweeping services to CMAX, the best qualified and lowest bidder, in the amount of $394,067.19. The complete 3 -year term will cost as follows:

FY 25/26 $394,067.19
FY 26/27 $405,889.20
FY 27/28 $418,060.43

The Agreement allows the City to terminate the Agreement for any reason, without penalty, by providing 7 days’ notice prior to the effective date of termination. The City may extend the term of this Agreement by two (2) additional 1 -year renewals with a max of a 3% cost increase per year.

FISCAL IMPACTS

A portion of the total street sweeping contract expenses are offset by revenues from CR&R under the City’s trash collection agreement in the amount of $210,000.00 annually. Sufficient appropriations for street sweeping services contract are available in the adopted FY2025 -26 budget in General Fund Public Works Street Maintenance Division Professional Services Account 100-6150-6160-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Maintenance Services Agreement
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CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT
FOR

CITYWIDE STREET SWEEPING SERVICES
FY 2025-26 THROUGH 2027-28

1. PARTIES AND DATE.

This Agreement is made and entered into this 3rd day of June 2025 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive , Colton, California 92234, County of San Bernardino , State of California (“City”) and CMAX Commercial Maintenance, Inc. , a CORPORATION with its principal place of business at 316 N. Corona Ave. Ontario, CA 91764 (“Contractor”). City and Con tractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing street sweeping services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Citywide Street Sweeping Services (“Project”) as set forth in this Agreement Terms.

2.3 Scope of Services and Term.

2.3.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional street sweeping maintenance services necessary for the Project ( “Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit s attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

2.3.2 Term. The term of this Agreement shall be from July 1st, 2025, to June 30th, 2028, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The City may extend the term of this Agreement by two (2) additional 1-year renewals with a max of a 3% cost increase per year.

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2.4 Responsibilities of Contractor.

2.4.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Serv ices under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withho lding, unemployment insurance, disability insurance, and workers ’ compensation insurance.

2.4.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Proposal of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely ma nner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

2.4.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

2.4.4 City’s Representative. The City hereby designates Chad Blais, Director of Public Works or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

2.4.5 Contractor’s Representative . Contractor hereby designates Francisco Gutierrez, President, or his or her designee, to act as its representative for the performance of this Agreement ( “Contractor’s Representative ”). Contractor ’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, meth ods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

2.4.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

2.4.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors

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shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

2.4.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ( “Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

2.4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

2.4.10 Laws and Regulations; Employee/Labor Certifications . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours dur ing any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

2.4.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to,

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the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

2.4.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

2.4.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Con tractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

2.4.10.4 Labor Certification . By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

2.4.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

2.4.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board

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(CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. (A) Contractor shall comply, and shall ensure all subcontractors comply, with all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 (“Regulation”).
(B) Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ Fleet including, without limitation, the Certificate(s) of Rep orted Compliance (CRCs), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Commission. (C) Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation.

Contractor shall defend, indemnify and hold harmless the Commission, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

2.4.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Fe deral Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Pr otection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board ; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the Ci ty, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and

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subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employ ees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

2.4.11 Insurance.

2.4.11.1 Time for Compliance . Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

2.4.11.2 Minimum Requirements . Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contracto r, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liabil ity: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company

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or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

2.4.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to th e parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its direct ors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice

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by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

2.4.11.4 Separation of Insureds; No Special Limitations ; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any o ther additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

2.4.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respe cts the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

2.4.11.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcon tractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

2.4.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

2.4.11.8 Verification of Coverage . Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a per son authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City re serves the right to require complete, certified copies of all required insurance policies, at any time.

2.4.11.9 Reporting of Claims . Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

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2.4.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limi ted to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

2.4.13 Bonds.

2.4.13.1 Performance Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

2.4.13.2 Payment Bond . If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

2.4.13.3 Bond Provisions . Should, in City ’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel a ny required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alte ration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Cont ractor fails to furnish any required bond, the City may terminate this Agreement for cause.

2.4.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best ’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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2.4.14 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agree ment for a period of three (3) years from the date of final payment under this Agreement.

2.4.15 Work Sites.

2.4.15.1 Inspection Of Site . Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

2.4.15.2 Field Measurements . Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of w ork before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

2.4.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

2.4.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufactu rer or supplier of equipment or m aterials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of re pairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, re design, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any

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portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable sa tisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming w ork and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

2.5 Fees and Payments.

2.5.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed the annual thresholds established in the annual rate sheets without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

2.5.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

2.5.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

2.5.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

2.5.5 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensat ed for, Extra Work without written authorization from City’s Representative.

2.5.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and If the total compensation is

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$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the pre vailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), ce rtified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

2.5.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project ma y also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liab ility arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

2.6 Termination of Agreement.

2.6.1 Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days bef ore the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contrac tor may not terminate this Agreement except for cause.

2.6.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this A greement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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2.6.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

2.7 General Provisions.

2.7.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

CMAX Commercial Maintenance, Inc.
316 N. Corona Ave
Ontario, CA 91764
Attn: Francisco Gutierrez, President
City:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Chad Blais, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.

2.7.2 Indemnification.

2.7.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all e xpert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misc onduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

2.7.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment,

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award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City o r its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimb urse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

2.7.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

2.7.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

2.7.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

2.7.6 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

2.7.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer

2.7.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

2.7.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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2.7.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

2.7.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

2.7.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

2.7.13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employ ee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

2.7.14 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

2.7.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

2.7.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

2.7.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

2.7.18 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND CMAX COMMERCIAL MAINTENANCE, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 3rd day of June, 2025.

CITY OF COLTON CMAX COMMERCIAL MAINTENANCE,
INC.

CORPORATION

By: ____________________________ By: _________________________ William R. Smith Francisco Gutierrez
City Manager President

Attest:

____
Isacc T. Suchil
City Clerk

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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Exhibit A-1

EXHIBIT “A”

SCOPE OF SERVICES

The service consists of providing routine street sweeping services for the city of Colton’s streets, curbs and medians as described in RFP/Q dated April 16, 2025. All locations are within the city limits of the City of Colton. The contractor shall provide all labor, equipment, tools, fuel, materials, dumping, insurance, supervision, and all other items needed to deliver excellent street sweeping services. Street sweeping services must comply with city, state and federal law. Equipment provided must comply with state and federal regulations. Contractor shall use and furnish at their own expense all labor, equipment and materials necessary for the satisfactory performance of the street sweeping work including disposal of debris.

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Exhibit B-1

EXHIBIT “B”

PROPOSAL OF SERVICES
JULY 1ST 2025 – JUNE 30TH 2028

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

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Attachment: Maintenance Services Agreement (4956 : Contract Award - CMAX Commercial Maintenance Inc.)

ITEM NO. 6

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE AWARD OF CONTRACT TO GK & ASSOCIATES FOR

ENGINEERING DESIGN SUPPORT, PROJECT MANAGEMENT,
AND INSPECTION SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the award of Professional Services Agreement to GK & Associates, for Engineering Design Support, Project Management and Inspections Services for Fiscal Year 2025/26 at an annual amount not to exceed $330,000 and authorize the City Manager to execute the Agreement.

2. Authorize the City Manager to award and execute provisioned contract extensions for up to two (2) additional one-year terms for Fiscal Year 2026-27 and 2027-28 with an annual increase of not to exceed 2.0%.

BACKGROUND

For Fiscal Year 2025/26, Public Works – Engineering Division has listed a number of CIP projects for completion. Some of these projects are streets rehabilitation and improvement projects that require engineering design, project management and inspection. The estimated cost for all of these proposed improvements is $2,307,859. Location s of these projects are citywide and listed as follows:

A. FY 25-26 Citywide SB-1 Funded Street Paving Project
1 Glenwood Avenue $ 98,007
2 Westwood $ 106,700
6 Packet Pg. 190
Staff Report to the Mayor and City Council
Contract Award - GK & Associates
June 3, 2025

3 Agua Mansa Road $ 127,050
4 Riverside Ave. (northbound only) $ 133,650
5 Rancho Ave. $ 24,750
6 G Street $ 111,073
7 10th Street $ 60,926
8 Fogg Street $ 192,966
9 8th Street $ 118,187
10 J Street $ 78,645
11 N Street $ 171,179
12 Olive Street $ 40,838
13 Skyview Drive $ 146,440

B. FY 25-26 Various Measure1 Funded Project
1 Holly $ 58,438
2 Monterey Avenue $ 21,813
3 Miller Drive $ 126,148
4 C Street Landscaping Project $ 180,000

C. FY 24-25 Various CDBG Street and Alley Improvement Project 1 Alley Paving - C St. and D St. east of Pennsylvania $ 314,391

D. Host City Fee
1 Washington St $ 196,658
Total Project Cost= $ 2,307,859

In addition, Public Works and Utility Services Department – Engineering and Water/Wastewater Divisions retain as -needed engineering services to assist with inspection on various new development and redevelopment projects. Multiple new residential, commercial, and industrial development projects have been entitled and scheduled to commence engineering in the coming Fiscal Year 2025/2026. Among these projects are the following projects listed in Table 1 below:

Table 1: Current Entitled Projects
No. Project Location
1 TM 18233 (Residential Tract) Bostick Ave. & Litton Ave. 2 TM 20352 (Residential Tract) Georgia St. & 5th St.
3 TM 20385 (Residential Tract) Agua Mansa Rd. & 5th St. 4 TM 20041 (Residential Tract) Roquet Ranch
5 Residential Tract Rancho Avenue & Georgia St.
6 Grading 11776 Bostick Ave.
7 Parcel Merger 151 Fogg St.
8 Lot Line Adjustment 478 W. L St.
6 Packet Pg. 191
Staff Report to the Mayor and City Council
Contract Award - GK & Associates
June 3, 2025

9 60 Unit Apt. Complex 2971 S. La Cadena Dr.
10 Beef Jerky Factory 125 E. Laurel St.
11 Chevron Gas Station 791 E. Valley Blvd.
12 Carwash Facility 266 W. Valley Blvd.
13 Four-Warehouse Subdivision 2245 W. Valley Blvd.
14 Carwash Facility 2015 N. Rancho Ave.
15 Dhillon Truck & Repair 201 S. Mission Dr.
16 Contractor Storage Yard 280 Fogg St.
17 Car Wash Facility 2015 N. Rancho Ave.
18 Truck Driving School 11585 Bostick Ave.
19 Contractor Storage Yard Sycamore Ave. & Slover Ave.
20 Medical Office + Hotel Pepper Ave., S. of Violet St. 21 252 Townhome Units Santo Antonio Dr.
22 Multiple warehouse redevelopment 250 W. Laurel St.
23 Convert existing commercial to residential 404 7th St. 24 5 Unit Townhome 1436 N. Mt. Vernon Ave.
25 Trucking yard expansion 52127 Miguel Bustamante Pkwy. 26 Bus Charter Transportation Facility 329 W. “F” St/ 347 W. “G” St. 27 Redevelopment of site into Fuel Station 2396 E. Steel Rd. 28 Outdoor venue facility 2765 Dark Canyon Rd.
29 Parking expansion of existing site 2690 S. La Cadena Dr. 30 Commercial conversion to residential 582 W. Valley Blvd. 31 17 Residential Condominiums 100 N. 2nd St.
32 Redevelopment into bus and truck storage 2110 W. Agua Mansa Rd. 33 Charter Bus Services 363 E. Valley Blvd.

ISSUES/ANALYSIS

Engineering support from an outside consultant is recommended to assist Public Works and Utility Services Department in planning, inspection of various development projects and design of capital improvement projects. Currently, the Public Work and Water/Wastewater Division has one full -time Inspector. The Inspector shares his time between Public Works, Water, and Wastewater for all ongoing private development and Capital improvement projects. The construction inspection is critical in ensuring that the work is executed per plan and specifications without defects and increases communication with engineers who can respond to the contractor’s request for engineering support promptly. In addition, Engineering support for the design from an outside consultant is necessary to assist in accomplishing the proposed projects.

6 Packet Pg. 192
Staff Report to the Mayor and City Council
Contract Award - GK & Associates
June 3, 2025

In accordance with the Colton Municipal Code Section Chapter 3.08 (bidding, contracting, and purchases of supplies, services, and equipment), a diligent effort was made to solicit competitive bid proposals for the Engineering Support Services.

On April 4, 2025, City staff issued a Request for Proposal (RFP) for Engineering Division Staff Augmentation for support on Project Management, Design, and Inspection Services. The RFP was advertised on The Press -Enterprise newspaper on April 04, 2025, and April 11, 2025. In addition, the RFP was published in Bidnet and was sent to other consultants who have had prior work experience with the City and other neighboring agencies. Proposal submissions were due in the Public Works Department by May 7, 2025. Consequently, the City received Four (4) proposals from the following consultants:

No. Company Ranking
1 GK & Associates 1st
2 HR GREEN 2nd
3 ARMA Group Inc. 3rd
4 LANSOFT 4th

Four (4) firms responded to the RFP. The proposals were analyzed based upon their qualifications, personnel, experience and fees. GK & Associates was the most qualified firm.

The GK & Associates scope included engineering support, design and project management.

Staff recommends the award of Professional Services Agreement to GK & Associates; with the provisioned contract extensions for up to two (2) additional one-year terms for Fiscal Year 2026- 27 and 2027-28 with an annual increase of not to exceed 2.0%.

FISCAL IMPACTS

The costs of the professional engineering services are included in the programmed Capital Improvement Projects; sufficient appropriations are available in the adopted FY 2025-26 budget in the following accounts:

Account Number Description Budget
212-2601-6150-3890-0000-000
Asphalt G&O -Glenwood-Westwood to Wild
Can $7,840.00
212-2602-6150-3890-0000-000
Asphalt G&O -Westwood-Myrtlewood 2
Laurelwood $8,500.00
212-2603-6150-3890-0000-000
Asphalt G&O -Agua Mansa -Rancho to
Walmart $10,200.00
212-2604-6150-3890-0000-000 Asphalt G&O-Riverside-Bustamante to Bridge $10,700.00 212-2605-6150-3890-0000-000 Asphalt G&O-Rancho-Valley to 10 WB ramp $2,000.00 212-2606-6150-3890-0000-000
Asphalt G&O -G St. -Rancho to West City
Limit $8,900.00
6 Packet Pg. 193
Staff Report to the Mayor and City Council
Contract Award - GK & Associates
June 3, 2025

212-2607-6150-3890-0000-000 Asphalt G&O-10th St -M St. to North end $4,900.00 212-2608-6150-3890-0000-000 Asphalt G&O-Fogg St.-Rancho to 8th St. $15,400.00 212-2609-6150-3890-0000-000 Asphalt G&O-8th St.- Fogg St. to Congress St. $9,500.00 212-2610-6150-3890-0000-000
Asphalt G&O -J St. - 3rd St to Pennsylvania
Ave. $6,300.00
212-2611-6150-3890-0000-000 Asphalt G&O-N St.- 9th St. to 12th St. $13,700.00 212-2612-6150-3890-0000-000
Asphalt G&O -Olive-Rancho 2 City Limit at
Grand $3,300.00
212-2613-6150-3890-0000-000 Asphalt G&O-Skyview Dr.-Mohave to End $11,700.00 218-2614-6150-3890-0000-000 Asphalt G&O-Holly-Hillcrest to Grant $4,700.00 218-2615-6150-3890-0000-000 Asphalt G&O-Monterey-Bothwell to Fairview $1,700.00 218-2616-6150-3890-0000-000 Asphalt G&O-Miller Dr. - Laurel to north end $10,100.00 218-2617-6150-3890-0000-000 C Street Landscaping Project $14,400.00 215-2625-6920-3890-0000-000 Alley Pav - C St. & D St. east of Pennsylvania $25,200.00 240-2631-6150-3890-0000-000
Asphalt G&O -Washington-RV Ctr 2
Mediterranean $15,700.00
521-8100-8101-2350-0000-000 Water - Professional Services $75,000.00 522-8200-8200-2350-0000-000 Sewer - Professional services $75,000.00 Total Budget=
$334,740.0
0 ALTERNATIVES

1. Provide alternative direction to staff.
6 Packet Pg. 194

ITEM NO. 7

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: CONFIRM ONGOING EMERGENCY CONDITION AT AGUA
MANSA POWER PLANT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Confirm ongoing emergency conditions at Agua Mansa Power Plant and authorize the City Manager or designee to execute all necessary agreements to complete repairs to the power plant and simultaneously execute all necessary agreements with all vendors as required as provisioned in Colton Municipal Code § 3.08.130 (A).

BACKGROUND

On Friday, February 14, 2025, Ag ua Mansa Power Plant (AMPP) experienced a fault condition on the medium -voltage bus work interconnecting the generator switchgear to the step -up transformer. Upon investigation, the bus work is determined to be non -serviceable due to the extensive damage caused by multiple faults. Due to this non -serviceable status, the bus work, which is a proprietary product, must be replaced, resulting in AMPP being out of market until all repairs are completed.

The emergency conditions were affirmed by the City Council at its regular meeting on March 18, 2025. Pursuant to the Colton Municipal Code 3.08.130 (A), a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter.

ISSUES/ANALYSIS

7 Packet Pg. 195
Staff Report to the Mayor and City Council
Emergency Condition - Agua Mansa Power Plant
June 3, 2025

With AMPP out of the market, the power plant remains unavailable to be called upon to support the City’s energy needs in addition to the broader California Independent System Operator (CAISO) controlled SP 15 market. Based upon staff analysis of replacement energy and energy related products, the immediate cost exposure is $6,300,000 in addition to the replacement costs for the bus work, which is estimated at $1,100,000 for a total unplanned forced outage cost of $7,400,000. This analysis to market exposure assumes the repairs can be made and AMPP is placed back into market on, or before July 31, 2025.

Should repairs extend beyond July 31, 2025 , and AMPP remain s out of market, the financial liability to the Electric Utility will grow exponentially , not only in energy and related products, but also in potential fines levied by the CAISO due to an unplanned forced outage condition.

Conversely, if staff can complete repairs and return AMPP to market ahead of the July 31, 2025 date, the Electric Utility will realize the benefits of market cost avoidance.

Given the significant financial exposure to the City , the City Manager’s Office has issued an emergency declaration and directed staff to effectuate repairs in the most responsible and economic manner possible. To accomplish this, the City has invoked Colton Municipal Code

3.08.130 (A), dispatching with the formal budding requirements and executing all necessary agreements to complete repairs and restore AMPP to dispatchable status.

FISCAL IMPACTS

Sufficient appropriations are available in Fiscal Year 2024 -2025 adopted budget in Electric Utility Fund Agua Mansa Power Plant Capital Account Number 520-8000-8009-4930-0107-000.

ALTERNATIVES

Provide alternative direction to staff.
7 Packet Pg. 196

ITEM NO. 8

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE A NOTICE OF COMPLETION FOR THE TARGET ALLEY RECONSTRUCTION PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council authorize the execution and recordation of a Notice of Completion for the CDBG COLT-22-1-03K/0263 Target Area Alley Reconstruction Project.

BACKGROUND

CDBG-COLT-22-1-03K/0263 Target Area Alley Reconstruction Project included alleyways that were determined to be higher priority for repair and replacement. Paving these alleys provides better accessibility for services the city provides to its residents including trash pick -up and emergency services when needed. The project took place in the following locations:

1. Alley between 9th Street and 10th Street, north of Olive Street.

2. Alley between 9th Street and La Cadena, north of Olive Street.

3. Alley between Palm Drive and Olive Street, from Larch Avenue to Fairview Avenue.

4. Alley between N Street and O Street, 9th Street to 10th Street.

5. Alley west of 7th Street, north of E Street to west end.

6. Alley between 6th Street and 7th Street, north of F Street.

7. Chavez Park Parking.

ISSUES/ANALYSIS

On December 17, 2024, the City Council awarded the construction contract to IE General 8 Packet Pg. 197
Staff Report to the Mayor and City Council
NOC - Target Alley Reconstruction Project
June 3, 2025

Engineering Inc. for CDBG COLT -22-1-03K/0263 Target Area Alley Reconstruction Project in the amount of $495,607.50. The Notice to Proceed for the Project was issued on March 13, 2025, and the Project was completed per plans and specifications on May 1, 2025 with no change orders.

FISCAL IMPACTS

There is no additional fiscal impact to file and record the Notice of Completion for the project.

The construction project was funded by a combination of CDBG and Host City Fee funds in accordance with the following breakdown:

Project Description Account No.

IE General
Contract
Amount
Alley Paving between 9th &10th 215-2317-6920-3890-0000-000 $94,892.11 Alley Paving between 9th &La Cadena 215-2318-6920-3890-0000-000 $87,642.13 Alley Paving between Palm & Colton 215-2319-6920-3890-0000-000 $38,821.93

Alley Paving between N & O st 215-2320-6920-3890-0000-000 $38,821.93 Alley Paving 7th and North of E st 215-2321-6920-3890-0000-000 $46,821.93 Alley Paving 7th and North of F st 215-2322-6920-3890-0000-000 $32,321.93 Paving Chavez Park Parking 215-2323-6920-3890-0000-000 $80,039.93 Host City Fee 240-2512-6150-3890-0000-000 $76,245.61
Total $495,607.50

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A- Notice of Completion
8 Packet Pg. 198

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

Name: City of Colton

Street 650 N. La Cadena Drive
Address

City & Colton, California
State California
Zip 92324

SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:

1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Victor Ortiz, P.E

3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324

4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).

5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:

Names Addresses

N/A N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on May 1, 2025

8. The name of the original contractor, if any, for the work of improvement was IE GENERAL ENGINEERING INC. The kind of work done or material furnished was PAVING OF ALLEYWAYS

9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: CDBG COLT-22-1-03K/0263

TARGET AREA ALLEY RECONSTRUCTION PROJECT

The street address of the said property is various (APN is not applicable) APN-None

Dated: ______________________________________(Signature) Victor Ortiz, P.E., City Engineer, City of Colton

VERIFICATION
I, the undersigned say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _______Colton_________, California, this _____________ day of ___________, 2025.

____________________________________
Victor Ortiz, P.E., City Engineer, City of Colton

8.a
Packet Pg. 199
Attachment: Exhibit A- Notice of Completion (4949 : NOC - Target Alley Reconstruction Project)

ITEM NO. 9

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: AWARD FISCAL YEAR 2025/2026 ENGINEERING PLAN CHECK

PROFESSIONAL SERVICE AGREEMENTS TO TRANSTECH
ENGINEERS, INC., BUREAU VERITAS NORTH AMERICA, INC.,
AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the award of a Professional Services Agreement (PSA) for Fiscal Year (FY) 2025/2026 to Transtech Engineers, Inc. in the amount of $80,000.00.

2. Authorize the award of a Professional Services Agreement (PSA) for Fiscal Year (FY) 2025/2026 to Bureau Veritas North America, Inc. in the amount of $80,000.00.

3. Authorize the award of a Professional Services Agreement (PSA) for Fiscal Year (FY) 2025/2026 to Engineering Resources of Southern California (ERSC) in the amount of $50,000.00.

4. Authorize the City Manager to execute all three (3) PSA’s with Transtech Engineers, Inc., Bureau Veritas North America, Inc., and Engineering Resources of Southern California, Inc. for FY 2025/2026.

BACKGROUND

The Public Works and Utility Services Department – Engineering and Water/Wastewater Divisions retain as-needed engineering services to assist with plan check reviews of various new development and redevelopment projects in several different technical areas, including but not 9 Packet Pg. 200
Staff Report to the Mayor and City Council
PSA's - Engineering Plan Checking
June 3, 2025

limited to tract and parcel maps, grading, street, storm drain, sewer, and water plans, water quality management plans, hydrology studies, and right-of-way instruments.

Multiple new residential, commercial, and industrial development projects have been entitled with the Planning Division of the Development Services Department in the current and previous fiscal years and have commenced engineering plan check services or continue engineering plan check services into the new 2025/2026 fiscal year. Among these projects are the following projects listed in Table 1 below:

The revenue increase to offset the increased plan check fee expenditures due to increased development is summarized and totaled in Table 1 above as well.

9 Packet Pg. 201
Staff Report to the Mayor and City Council
PSA's - Engineering Plan Checking
June 3, 2025

Additionally, upcoming residential, commercial, and industrial development projects not entitled yet but in the pipeline with the Application Review Committee (ARC) and Planning Division are itemized below in Table 2:

ISSUES/ANALYSIS

On April 04, 2025, City staff issued the Request for Proposal (RFP) for engineering plan check consulting services for private and public projects. The RFP was published in the Press - Enterprise twice, on April 04, 2025 and April 11, 2025. Additionally, the RFP was published in the City’s BidNet Direct portal website. The Bid Opening date was April 24, 2025. The Agreement would be valid for the Fiscal Year 2025/2026 with the option to renew for up to three successive years, depending on performance, delivery, and plan check turn -around, and be entitled for an increase annually based on the Consumer Price Index (CPI) annually.

On April 24, 2025, the City received proposals from five (5) engineering firms listed below:

1. Bureau Veritas North America, Inc. – Irvine, CA

2. Engineering Resources of Southern California (ERSC) – Redlands, CA

3. Ladayu Consulting Group – Palos Verdes Estates, CA

4. TKE Engineering, Inc. – Riverside, CA

5. Transtech Engineers, Inc. – Chino, CA

An evaluation was conducted by the selection committee on May, 06, 2025. The selection committee included City engineering staff from the Public Works and Utility Services 9 Packet Pg. 202
Staff Report to the Mayor and City Council
PSA's - Engineering Plan Checking
June 3, 2025

Department and a City engineering consultant. The selection committee ranked all five (5) engineering firms based on firm qualifications, key personnel, similar engineering plan check experience, work plan, and cost competitiveness. City staff recommend s awarding a PSA for three of the top scoring firms by the selection committee based on anticipated upcoming workload and immediate engineering plan checking consulting needs.

Transtech Engineers was the top scoring engineering consulting firm by the selection committee and City staff recommend s City Council award a PSA in the amount of $80,000.00 in line with the anticipated increased influx of new commercial, industrial, and residential development projects in the 2025/2026 fiscal year.

Bureau Veritas North America, Inc., was the second top scoring engineering consulting firm by the selection committee and City staff recommend s City Council award a PSA in the amount of $80,000.00 in line with the increased influx of new and continual review of existing entitled commercial, industrial, and residential development projects from previous fiscal year budgets.

Due to anticipated engineering plan checking needs, a third and final PSA is recommended to be awarded by City Council; however, only for $50,000.00 due to limited funds. Engineering Resources of Southern California (ERSC) tied 3 rd with TKE Engineering by the selection committee; however, City staff recommend s awarding the third PSA to ERSC as they have a better performance history in plan check services with the City than TKE Engineering. As such, City staff recommends City Council award a PSA in the amount of $50,000.00 to ERSC in line with existing continued entitled projects.

These as -needed engineering plan check services on City entitled and new commercial, industrial, and residential projects ensure timely project reviews and help maintain cost efficiency through competitive service procurement.

FISCAL IMPACTS

Below is a summary breakdown in Table 3 of the total amounts and account numbers for each PSA for the selected engineering consulting firms:

9 Packet Pg. 203
Staff Report to the Mayor and City Council
PSA's - Engineering Plan Checking
June 3, 2025

Sufficient appropriations for these PSAs are available in the FY 2025/26 adopted budget in the respective General Fund Engineering Division Professional Services Account No., Enterprise Fund Professional Services (Water) Account No., and Enterprise Fund Professional Services (Wastewater) Account No. referenced in the Table 3 above.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1 - PSA Transtech

2. Attachment 2 - PSA Bureau Veritas

3. Attachment 3 - PSA Engineering Resources of Southern California 9 Packet Pg. 204
(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _1st_ day of _July_, 2025_, by and between the City of Colton, a municipal corporation organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and TRANSTECH Engineers, Inc., a California corporation, with its principal place of business at 13365 Benson Avenue, Chino, California, 91710 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume r esponsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering plan check consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project; Colton Utility Authority.

City desires to engage Consultant to render such professional engineering plan check consulting services for the Engineering Plan Check Consulting Services project ("Project") as set forth in this Agreement. Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all the labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering plan check consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federa l laws, rules an d regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2025 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no mor e than three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written

9.a
Packet Pg. 205
Attachment: Attachment 1 - PSA Transtech (4951 : PSA's - Engineering Plan Checking) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2

consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGHTY-THOUSAND DOLLARS ($80,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services fo r others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but n ot limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, a nd in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coord inate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performa nce of this Agreement are as follows: Ahmad Ansari, PE, Contract Principal, Michael David Lloyd, PE, Principal Project Manager, Michael Ackerman, PE, Sr. Engineer, David Ragland, PE, LS, Sr. Engineer and Land Surveyor, Carlos A. Pineda, PE, Sr. Engineer, J effrey Kao, PE, Azita Fakoorbayat, PE, Sr.

Engineer, Ziad Y Mazboudi, PE, Sr. Engineer, and Joseph DePeralta, PE, Sr. Engineer.

3.3.5 City's Representative . The City hereby designates Chad Blais, Public Works and Utility Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge t he Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Ali Cayir, PE, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards

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generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, o r which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and h old City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homela nd Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and

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shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

3.3.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

3.3.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ances try, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or Califo rnia Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any ite m of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying o ut its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety

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devices, equipment and wearing apparel as are necessary or lawful ly required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance.

Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.3.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant , its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Li ability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Comm ercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of in surance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be

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promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.3.11.3 Professional Liability . Consultant shall procure and maintain, and require i ts sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 MINIMUM per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.3.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsem ents on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such c overage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).
(B) Automobile Liability . The automobile liability po licy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or u nloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and v olunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.

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(D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.3.11.5 Separation of Insured s; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insur eds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, of ficers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directo rs, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.3.11.7 Subconsultant Insurance Requir ements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.3.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.3.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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3.3.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.12 Water Quality Management and Compliance.

3.3.12.1 Storm Water Management . Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.3.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ord inances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.3.12.3 Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violat ion of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.3.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.3.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and autho rized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or a ctive negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek dam ages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws,

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regulations and policies described in Section 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's princ ipal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with s uch Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcons ultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection . Consultant shall mainta in complete and

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accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: TRANSTECH Engineers, Inc.
13365 Benson Avenue
Chino, CA 91710
ATTN: Ali Cayir, President
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Chad Blais, Public Works and Utility Services
Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any an d all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawin gs or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne b y City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effo rt to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provi ded to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsibl e or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person

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or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either crea ted by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the perf ormance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, televisi on or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the Ci ty, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Se rvices, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceed s, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is

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defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate t o the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer ; Colton Utility Authority . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non- existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another th ird party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Ag reement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its

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elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or ot her covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third -Party Beneficiaries . There are no intended third p arty beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Fur ther, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or res ulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Federal Provisions.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND TRANSTECH
ENGINEERS, INC.

CITY OF COLTON TRANSTECH Engineers, Inc.

A California Corporation

By: ____________________________ By: _________________________ William R. Smith Ali Cayir, PE
City Manager President

Attest:

____ By: _________________________
Isaac T. Sutchil Sybil Cayir
City Clerk Corporate Secretary

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES

The scope of contract includes, but is not limited to, plan-checking of various development items, consisting of: improvement plans (rough grading, street, sewer, storm drain, on-site grading/paving, traffic signal, traffic striping/signage, and various other improvements); subdivision maps (final tract maps and parcel maps); and professional studies (hydrology/hydraulic, sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/ NPDES plans, water quality management plans, and various other studies) and Right-of-Way Documents (including, but not limited to legal descriptions for: Easements, Dedications, Lot Line Adjustments, and Parcel Mergers).

In conformance with the approved performance schedule, civil engineering plan-check consultants shall provide a thorough and complete initial plan-check using the highest professional standards. An initial plan-check shall be provided in conformance with City of Colton standards, civil engineering design guidelines appropriate for the type of work (Standard Specifications for Public Works Construction “Greenbook”, State of California Standards “Caltrans” Specifications, Caltrans Highway Design Manual, and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.

The Engineering Division of the Public Works and Utility Services Department will not accept a development item for initial plan-check until a complete plan-check package is provided by the developer, including engineering cost estimates. The civil engineering plan check consultant shall be expected to review development items (plans, maps, or professional studies) in conformance with and in relation to the following related items:
 Adopted “Conditions of Approval”,
 Approved Architectural Site Plans or Tentative Maps
 Planning Department comments, as relevant
 Title Report, Current Tax Bill or other property ownership verification  Professional Studies (geotechnical, hydrology, sewer, traffic, etc.)  Verification of issuance of a General Construction Activity Storm Water Permit, if required
 Grants or Vacations of Right-of-Way, as relevant
 Traverse, Lot and Tract Boundary Closures for final or parcel maps  Reference maps, Assessor Maps, and other information related to final tract or parcel maps

In reviewing improvement plans the civil engineering plan-check consultant shall ensure that all “Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway Widths); required street pavement section and street design; minimum/maximum percentage slopes. The Consultant shall follow the Engineering Division’s current Improvement Plan Check Sheets to ensure that minimum standards are met; and, shall ensure that the current General Notes are included on the first sheet of each plan set. In reviewing final or parcel maps; the civil engineering plan-check consultant shall ensure that all “Conditions of Approval” are met, such as: required public and private right-of-way or easement dedications, right-of-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement dedications. The Consultant shall ensure that all final or

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parcel maps are technically correct and meet current local and state regulations. It shall be the Consultant’s responsibility to review the title report for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final tract or parcel map are consistent with the current vesting ownership indicated in the title report. Upon completion of the first (initial) plan-check, the Consultant shall provide a complete and thorough itemized written list of plan-check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Division of the Public Works and Utility Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan-check comments on subsequent plan-check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. The Consultant shall maintain its own plan-check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data. The Consultant shall scan all red-lined plans returned to the developer’s consultant for correction as part of its plan-check file, and shall make the scanned plans available to the City upon request. Throughout the plan-check process, the Consultant shall be expected to be available to meet, as necessary, with the Engineering Division of the Public Works and Utility Services Department and/or the developer’s consultant to discuss plan- check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan-check service fee charged by the Consultant, and shall not be separately paid for outside of the plan-check process. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. When ready for approval, the Consultant shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by the Consultant. The Consultant will be acting as the City Surveyor through the development process. In addition, the City will require the Consultant be the City Surveyor outside the development process. The Consultant will advise the City on Survey/Mapping issues or questions. Compensation for the additional work as requested by the City will be compensated at the hourly rate provided.

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EXHIBIT "B"

SCHEDULE OF SERVICES

Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.

Plan checking timelines must comply with the following plan review schedule:
1st Plan Check – 2 week turn-around or less (calendar days) 2nd Plan Check – 2 week turn-around or less (if not completely new plan check submittal) 3rd and subsequent Plan Check – 2 week turn-around or less

Selected consultant(s) must additionally ensure plan check review is not interrupted or otherwise delayed due to plan checker unavailability otherwise the contract may be subject to termination in accordance with sections 3.1, 3.2.4, and 3.6.1 of the Professional Services Agreement.

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EXHIBIT "C"

COMPENSATION

(See next sheet)

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

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FEE PROPOSAL 2

ENGINEERING PLAN CHECK SERVICES
Following is Transtech’s Schedule of Hourly Rates:

Field Technician $88 - $98 Labor Compliance Analyst $150 - $160 Engineering Technician $98 - $109 Funds Coordinator $155 - $165 Assistant CAD Drafter $109 - $124 Office Engineer $150 - $160 Senior CAD Drafter $124 - $140 Construction Inspector $145 - $155 Associate Designer $140 - $155 Senior Construction Inspector $155 - $165 Senior Designer $155 - $171 Construction Manager $176 - $191 Design Project Manager $196 - $206 Resident Engineer $191 - $206 Assistant Engineer $119 - $129
Associate / Staff Engineer $150 - $165 Public Works Inspector $145 - $155 Senior Civil Engineer $206 - $227 Senior Public Works Inspector $155 - $165 Traffic Analyst Technician $103 - $114 Supervising PW Inspector $165 - $176 Associate Traffic Analyst $155 - $165
Senior Traffic Analyst $165 - $176 Survey Analyst $155 - $160 Professional Transportation Planner $176 - $191 Senior Survey Analyst $160 - $165 Traffic Engineer Technician $98 - $109 2-Man Survey Crew $357 - $372 Associate/Staff Traffic Engineer $150 - $165 Survey & Mapping Specialist $191 - $207 Traffic Engineer $176 - $191 Licensed Land Surveyor $217 - $227 Senior Traffic Engineer $191 - $212
Project Manager $191 - $212 Funds Analyst $150 - $155 Senior Project Manager $212 - $227 Senior Funds Analyst $155 - $165 Deputy City Engineer $176 - $196 Grant Writer $171 - $176 City Engineer $196 - $212 Funds & Grant Project Manager $191 - $202 Principal Engineer $212 - $233
Community Development Technician $83 - $93
Permit Technician $78 - $88 Planning Technician $93 - $103 Plan Check Technician/Analyst/Supervisor $129 - $145 Assistant Planner $103 - $124 Building Inspector $119 - $134 Associate Planner $124 - $145 Senior Inspector $129 - $145 Senior Planner $150 - $171 Plans Examiner/Checker $145 - $160 Planning Manager $176 - $196 Plan Check Engineer $155 - $176
Deputy Building Official $165 - $176 Administrative/Clerical $72 - $83 Building Official $171 - $186 Project Accountant $83 - $93 TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective: July 1, 2024 - June 30, 2025
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.

The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

FUNDING & GRANT WRITING

PLANNING

ADMINISTRATIVE STAFF

SURVEY AND MAPPING

PUBLIC WORKS INSPECTION

BUILDING & SAFETY

ENGINEERING CONSTRUCTION MANAGEMENT

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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _1st_ day of _July_, 2025_, by and between the City of Colton, a municipal corporation organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Bureau Veritas North America, a Delaware Corporation , with its principal place of business at 180 Promenade Circle, Suite 150, Sacramento, CA 95834 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Engineering Plan Check Consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional engineering plan check consulting services for the Engineering Plan Check Consulting Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all the labor, materials, tools, equipment, services, and incidental an d customary work necessary to fully and adequately supply the professional engineering plan check consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federa l laws , rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2025 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including

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authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGHTY THOUSAND DOLLARS ($80,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the t ime of renewal as set forth in Exhibit “C.”

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others duri ng the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to : social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accorda nce with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance

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with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from th e Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Project Engineers/Plans Examiners – Trang Huynh, PE, Orland Obtera, EIT, Craig Hamner, PE, Benjamin De La Crus, PE, Carol Dugas, PE, William (Matthew) Addington, PE, and Michael Foreman, LS.

3.3.5 City's Representative . The City hereby designates Chad Blais, Public Works and Utility Services Director, or his/her designee, to act as its representative in all matters pertaining to the adminis tration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative . Consultant hereby designa tes Joe Chao, Regional Manager Facilities Division, West Region , or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being empl oyed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally,

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Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without r eimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term s et forth in Section 3.1.2 above (“Performance Time”).

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

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3.3.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

3.3.10.3 Employment Eligibil ity; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for caus e: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", wh ich definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violati ons of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as t o avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance.

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Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.3.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration o f the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the C ity evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specificat ions or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.3.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 MINIMUM per claim,

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and shall be endorsed to include contractual liability. Defens e costs shall be paid in addition to the limits.

3.3.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, i ts directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteer s for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.3.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance e vidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Cons ultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.3.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on a ny subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.3.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.3.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind cove rage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.3.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.12 Water Quality Management and Compliance.

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3.3.12.1 Storm Water Management . Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.3.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollut ion Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.3.12.3 Standard of Car e. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.3.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.3.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from C onsultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

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3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services a re being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1 777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of o ver $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This projec t may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to t he DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of th e California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years

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from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Term ination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Bureau Veritas North America, Inc.
180 Promenade Circle, Suite 150
Sacramento, CA 95834
ATTN: Joe Chao, Regional Manager Facilities, West
Region
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Chad Blais, Public Works and Utility Services
Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; L icensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in

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any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to b e prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the ri ght to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City an y such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payme nt of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written

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information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omis sions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of

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competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the en tire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Com pliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and eve ry provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the prepara tion of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not wor k days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,

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privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third -Party Beneficiaries . There are no i ntended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining pr ovisions shall continue in full force and effect.

3.6.17 Prohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterpa rts, each of which shall constitute an original.

3.6.20 Federal Provisions.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND BUREAU
VERITAS NORTH AMERICA, INC.

CITY OF COLTON Bureau Veritas North America, Inc.
a Delaware Corporation

By: ____________________________ By: _________________________ William R. Smith Joe Chao
City Manager Regional Manager Facilities Division,
West Region

Attest:

____
Isaac T. Sutchil
City Clerk

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES

The scope of contract includes, but is not limited to, plan-checking of various development items, consisting of: improvement plans (rough grading, street, sewer, storm drain, on-site grading/paving, traffic signal, traffic striping/signage, and various other improvements); subdivision maps (final tract maps and parcel maps); and professional studies (hydrology/hydraulic, sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/ NPDES plans, water quality management plans, and various other studies) and Right-of-Way Documents (including, but not limited to legal descriptions for: Easements, Dedications, Lot Line Adjustments, and Parcel Mergers).

In conformance with the approved performance schedule, civil engineering plan-check consultants shall provide a thorough and complete initial plan-check using the highest professional standards. An initial plan-check shall be provided in conformance with City of Colton standards, civil engineering design guidelines appropriate for the type of work (Standard Specifications for Public Works Construction “Greenbook”, State of California Standards “Caltrans” Specifications, Caltrans Highway Design Manual, and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.

The Engineering Division of the Public Works and Utility Services Department will not accept a development item for initial plan-check until a complete plan-check package is provided by the developer, including engineering cost estimates. The civil engineering plan check consultant shall be expected to review development items (plans, maps, or professional studies) in conformance with and in relation to the following related items:
 Adopted “Conditions of Approval”,
 Approved Architectural Site Plans or Tentative Maps
 Planning Department comments, as relevant
 Title Report, Current Tax Bill or other property ownership verification  Professional Studies (geotechnical, hydrology, sewer, traffic, etc.)  Verification of issuance of a General Construction Activity Storm Water Permit, if required
 Grants or Vacations of Right-of-Way, as relevant
 Traverse, Lot and Tract Boundary Closures for final or parcel maps  Reference maps, Assessor Maps, and other information related to final tract or parcel maps

In reviewing improvement plans the civil engineering plan-check consultant shall ensure that all “Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway Widths); required street pavement section and street design; minimum/maximum percentage slopes. The Consultant shall follow the Engineering Division’s current Improvement Plan Check Sheets to ensure that minimum standards are met; and, shall ensure that the current General Notes are included on the first sheet of each plan set. In reviewing final or parcel maps; the civil engineering plan-check consultant shall ensure that all “Conditions of Approval” are met, such as: required public and private right-of-way or easement dedications, right-of-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement dedications. The Consultant shall ensure that all final or

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parcel maps are technically correct and meet current local and state regulations. It shall be the Consultant’s responsibility to review the title report for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final tract or parcel map are consistent with the current vesting ownership indicated in the title report. Upon completion of the first (initial) plan-check, the Consultant shall provide a complete and thorough itemized written list of plan-check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Division of the Public Works and Utility Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan-check comments on subsequent plan-check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. The Consultant shall maintain its own plan-check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data. The Consultant shall scan all red-lined plans returned to the developer’s consultant for correction as part of its plan-check file, and shall make the scanned plans available to the City upon request. Throughout the plan-check process, the Consultant shall be expected to be available to meet, as necessary, with the Engineering Division of the Public Works and Utility Services Department and/or the developer’s consultant to discuss plan- check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan-check service fee charged by the Consultant, and shall not be separately paid for outside of the plan-check process. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. When ready for approval, the Consultant shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by the Consultant. The Consultant will be acting as the City Surveyor through the development process. In addition, the City will require the Consultant be the City Surveyor outside the development process. The Consultant will advise the City on Survey/Mapping issues or questions. Compensation for the additional work as requested by the City will be compensated at the hourly rate provide

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EXHIBIT "B"

SCHEDULE OF SERVICES

Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.

Plan checking timelines must comply with the following plan review schedule:
1st Plan Check – 2 week turn-around or less (calendar days) 2nd Plan Check – 2 week turn-around or less (if not completely new plan check submittal) 3rd and subsequent Plan Check – 2 week turn-around or less

Selected consultant(s) must additionally ensure plan check review is not interrupted or otherwise delayed due to plan checker unavailability otherwise the contract may be subject to termination in accordance with sections 3.1, 3.2.4, and 3.6.1 of the Professional Services Agreement.

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EXHIBIT "C"

COMPENSATION

(See next sheet)

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

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Attachment: Attachment 2 - PSA Bureau Veritas (4951 : PSA's - Engineering Plan Checking) Bureau Veritas 220 Technology Drive, Suite 100, Irvine, CA 92618 P. 949.860.4800 | www.bvna.com
1 G. FEE SCHEDULE

THE CITY OF COLTON, CA
BV’s pricing reflects the firm’s commitment to the success of the City’s projects by helping maintain significant quality and cost saving benefits moving forward. BV is dedicated to working with the City to seamlessly adjust required staffing to appropriately accommodate construction activities. This will not only allow BV to provide services of the highest quality during times of increased workload but also help the City save money during times of decreased service demand. These include:
✓ Reduced plan review turnaround times
✓ Implementation of electronic plan review processes to help improve efficiency and control costs ✓ Commitment to maintain a proposed rate structure for the life of the initial contract period ✓ Highly qualified and licensed/certified staff
✓ Confidence of working with a well-established consultant in business for 197+ years

HOURLY RATES FOR SERVICES
PERSONNEL CLASSIFICATIONS / TITLE 2025
Project Manager $203.00
Senior Civil Professional Engineer $203.00
Professional Civil Engineer $177.00
CASp/Accessibility Specialist $161.00
Associate Engineer III $151.00
Associate Engineer II $140.00
Engineering Technician $130.00
Senior Construction Inspector $160.00 - $187.00
Construction Inspector $140.00 - $156.00
Administrative / Clerical Support $78.00
OPTIONAL PRICING AT CITY’S DISCRETION
Percentage of City’s collected plan check fees - 75%
• Reimbursables: Reimbursement for employee-owned vehicles used in connection with the work will be the current IRS rate.
• Rates and cost estimates shown exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. • BV will use an overnight delivery service for next day pick up for delivery of projects and will cover 100% of the Courier cost.
• Overtime (OT) will be charged at 1.5 times the standard hourly rate. No overtime will be charged without approval.
• Hourly Rates subject to annual adjustment in accordance with CPI. • Plan review will be invoiced after initial review is completed and hourly services will be invoiced monthly.
• Hourly rates apply after the third review.

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23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _1_ day of _July_, 2025_, by and between the City of Colton, a municipal corporation organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Engineering Resources of Southern California, Inc., a California Corporation, with its principal place of business at 1861 West Redlands Boulevard, Building 7B, Redlands, CA 92373 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Engineering Plan Check Consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional engineering plan check consulting services for the Engineering Plan Check Consulting Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all the labor, materials, tools, equipm ent, services, and incidental and customary work necessary to fully and adequately supply the professional engineering plan check consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federa l laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2025 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed FIFTY THOUSAND DOLLARS ($50,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay al l non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not p erform, nor be compensated for, Extra Work without written authorization from the City.

Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of ren ewal as set forth in Exhibit “C.”

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and detail s of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the ter m of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social s ecurity taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously,

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within the term of this Agreement, and in accordance with t he Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services unde r this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement a re as follows: Moe Ahmadi, PE, Project Manager, John “Matt” Brudin, PE, Principal in Charge, Robert Ollerton, LS, City Surveyor, Rusty Beardsley, PE, Principal Engineer, Cassandra Silva, and Steve Wilson, QSD, Sr. Engineering Associate.

3.3.5 City's Representative. The City hereby designates Chad Blais, Public Works and Utility Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative") .

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agree ment. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative . Consultant hereby designates John M.

Brudin, PE, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of

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California. Consultant represents a nd maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are cause d by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if th e Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.10 Laws an d Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including al l Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law wit hin the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homel and Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy a t any time

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during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

3.3.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

3.3.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies t hat they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsu ltants to meet any of the requirements provided for in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guideli nes currently in effect or hereinafter enacted.

3.3.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", wh ich definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violati ons of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as t o avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent

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accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance.

Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.3.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant , its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Li ability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Comm ercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of in surance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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3.3.11.3 Professional Liability . Consultant shall procure and maintain, and require i ts sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 MINIMUM per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.3.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsem ents on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such c overage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).
(B) Automobile Liability . The automobile liability po licy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or u nloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and v olunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced

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or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.3.11.5 Separation of Insured s; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insur eds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, of ficers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directo rs, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.3.11.7 Subconsultant Insurance Requir ements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.3.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.3.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.3.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

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3.3.12 Water Quality Management and Compliance.

3.3.12.1 Storm Water Management . Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.3.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ord inances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.3.12.3 Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violat ion of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.3.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.3.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

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3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services a re being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1 777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of o ver $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This projec t may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to t he DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of th e California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years

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from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Term ination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Engineering Resources of Southern California, Inc. 1861 West Redlands Boulevard, Building 7B
Redlands, CA 92373
ATTN: Moe Ahmadi, P.E. Principal Engineer
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Chad Blais, Public Works and Utility Services
Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data

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magnetically or otherwise recorded on computer diskettes, which are prepared or cau sed to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserve s the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon t he payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, me moranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in

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connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Pub lic Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by C ivil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Co nsultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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3.6.6 Entire Agreement. This Agreement contai ns the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for ext ra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for eac h and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in th e preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days an d not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, w hether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or sec ure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state la w in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Federal Provisions.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND ENGINEERING
RESOURCES OF SOUTHERN CALIFORNIA, INC.

CITY OF COLTON ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC.
a California Corporation

By: ____________________________ By: _________________________ William R. Smith Matt Brudin
City Manager President

Attest:

____ By: _________________________
Isaac T. Sutchil Moe Ahmadi
City Clerk Vice President

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES

The scope of contract includes, but is not limited to, plan-checking of various development items, consisting of: improvement plans (rough grading, street, sewer, storm drain, on-site grading/paving, traffic signal, traffic striping/signage, and various other improvements); subdivision maps (final tract maps and parcel maps); and professional studies (hydrology/hydraulic, sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/ NPDES plans, water quality management plans, and various other studies) and Right-of-Way Documents (including, but not limited to legal descriptions for: Easements, Dedications, Lot Line Adjustments, and Parcel Mergers).

In conformance with the approved performance schedule, civil engineering plan-check consultants shall provide a thorough and complete initial plan-check using the highest professional standards. An initial plan-check shall be provided in conformance with City of Colton standards, civil engineering design guidelines appropriate for the type of work (Standard Specifications for Public Works Construction “Greenbook”, State of California Standards “Caltrans” Specifications, Caltrans Highway Design Manual, and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.

The Engineering Division of the Public Works and Utility Services Department will not accept a development item for initial plan-check until a complete plan-check package is provided by the developer, including engineering cost estimates. The civil engineering plan check consultant shall be expected to review development items (plans, maps, or professional studies) in conformance with and in relation to the following related items:
 Adopted “Conditions of Approval”,
 Approved Architectural Site Plans or Tentative Maps
 Planning Department comments, as relevant
 Title Report, Current Tax Bill or other property ownership verification  Professional Studies (geotechnical, hydrology, sewer, traffic, etc.)  Verification of issuance of a General Construction Activity Storm Water Permit, if required
 Grants or Vacations of Right-of-Way, as relevant
 Traverse, Lot and Tract Boundary Closures for final or parcel maps  Reference maps, Assessor Maps, and other information related to final tract or parcel maps

In reviewing improvement plans the civil engineering plan-check consultant shall ensure that all
“Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway Widths); required street pavement section and street design; minimum/maximum percentage slopes. The Consultant shall follow the Engineering Division’s current Improvement Plan Check Sheets to ensure that minimum standards are met; and, shall ensure that the current General Notes are included on the first sheet of each plan set. In reviewing final or parcel maps; the civil engineering plan-check consultant shall ensure that all “Conditions of Approval” are met, such as: required public and private right-of-way or easement dedications, right-of-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement

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dedications. The Consultant shall ensure that all final or parcel maps are technically correct and meet current local and state regulations. It shall be the Consultant’s responsibility to review the title report for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final tract or parcel map are consistent with the current vesting ownership indicated in the title report. Upon completion of the first (initial) plan-check, the Consultant shall provide a complete and thorough itemized written list of plan-check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Division of the Public Works and Utility Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan-check comments on subsequent plan-check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. The Consultant shall maintain its own plan-check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data. The Consultant shall scan all red-lined plans returned to the developer’s consultant for correction as part of its plan- check file, and shall make the scanned plans available to the City upon request. Throughout the plan-check process, the Consultant shall be expected to be available to meet, as necessary, with the Engineering Division of the Public Works and Utility Services Department and/or the developer’s consultant to discuss plan-check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan-check service fee charged by the Consultant, and shall not be separately paid for outside of the plan-check process. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. When ready for approval, the Consultant shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by the Consultant. The Consultant will be acting as the City Surveyor through the development process. In addition, the City will require the Consultant be the City Surveyor outside the development process. The Consultant will advise the City on Survey/Mapping issues or questions. Compensation for the additional work as requested by the City will be compensated at the hourly rate provided.

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EXHIBIT "B"

SCHEDULE OF SERVICES

Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.

Plan checking timelines must comply with the following plan review schedule:
1st Plan Check – 2 week turn-around or less (calendar days) 2nd Plan Check – 2 week turn-around or less (if not completely new plan check submittal) 3rd and subsequent Plan Check – 2 week turn-around or less

Selected consultant(s) must additionally ensure plan check review is not interrupted or otherwise delayed due to plan checker unavailability otherwise the contract may be subject to termination in accordance with sections 3.1, 3.2.4, and 3.6.1 of the Professional Services Agreement.

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EXHIBIT "C"

COMPENSATION

(See next sheet)

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

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Attachment: Attachment 3 - PSA Engineering Resources of Southern California (4951 : PSA's - Engineering Plan Checking) <Section Title>###
<Section Title>Engineering Resources of Southern California, Inc. | Schedule of Rates Professional Staff
President ........................................................................... $305.00 Vice President ....................................................................$260.00 Sr. Principal Engineer ......................................................... $255.00 Principal Engineer ..............................................................$230.00 Assistant Principal Engineer .............................................. $215.00 Engineer V .........................................................................$195.00 Engineer IV ........................................................................$175.00 Engineer III ........................................................................ $160.00 Engineer II ......................................................................... $145.00 Engineer I .......................................................................... $130.00 Engineering Staff
Principal Engineering Associate .........................................$210.00 Senior Engineering Associate ............................................$190.00 Engineering Associate V .................................................... $165.00 Engineering Associate IV ................................................... $145.00 Engineering Associate III.................................................... $135.00 Engineering Associate II..................................................... $120.00 Engineering Associate I...................................................... $115.00 Engineering Aide II .............................................................. $65.00 Engineering Aide I ............................................................... $60.00 Survey Staff and Services
Principal Surveyor.............................................................. $215.00 Senior Surveyor .................................................................$175.00 Surveyor III ........................................................................ $140.00 Surveyor II ......................................................................... $125.00 Surveyor I .......................................................................... $105.00 2-Man Survey Crew (Std Equipment/Truck) ......................$320.00 1-Man Survey Crew (Std Equipment/Truck) ......................$250.00 3rd Man on Survey Crew ...................................................$140.00 Construction Support Staff
Construction Manager .......................................................$185.00 Chief Construction Inspector .............................................$145.00 Sr. Construction Inspector .................................................$135.00 Construction Inspector ......................................................$125.00 Inspector Overtime (Hours 8-12/Saturdays) ..................... $175.00 Inspector Overtime (Hours 12+/Sundays) .........................$205.00 Administrative Staff
Operations Manager ......................................................... $120.00 Operations Specialist .........................................................$100.00 Administrative Assistant II ...................................................$90.00 Administrative Assistant I ....................................................$80.00 Other Direct Expenses
Vehicle Mileage ................................................ $0.70/Mile Subconsultant ...................................................Cost + 20% Reimbursable Expenses/Charges ..................... Cost + 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 NOTE: All rates hereon are subject to automatic increase upon July 1st of each year. Rates will be adjusted by the percent increase in California Consumer Price Index-All Urban Consumers for the twelve-month period ending February as calculated by the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR. All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR.

Unless otherwise established by contractual agreement,
payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum).

City of Colton - April 2025

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ITEM NO. 10

STAFF REPORT

DATE: JUNE 3, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE THE PURCHASE OF THREE (3) D3060E
DIGGER/DERRICK TRUCKS FROM ALTEC INDUSTRIES, INC.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the purchase of three D3060E Digger/Derrick trucks from Altec Industries, Inc. in the amount of $1,598,050.08 via the Sourcewell Contract 110421-ALT, in accordance with City of Colton Municipal Code Section 3.08.140 (C).

BACKGROUND

As utility operations evolve to meet the increasing demands of safety, efficiency, and reliability, it is imperative to invest in modern, versatile equipment that can support a wide range of field operations. The Altec D3060E Digger/Derrick Truck stands out as a leading solution designed to meet these challenges with a focus on performance, safety, and operational versatility.

The D3060E model is purpose -built for utility construction applications. Its robust design enables crews to perform demanding tasks such as setting utility poles, lifting transformers, boring holes, and handling material —all with a single piece of equipment. This multifunctional capability reduces the need for multiple vehicles on site, streamlining operations and lowering costs over time.

The current fleet includes three digger/derrick trucks that are over 16 years old, have exceeded their recommended service life and spend excessive time inoperable due to needed repairs. These vehicles suffer from frequent mechanical issues, increased maintenance costs, and outdated safety features that no longer meet modern standards. Their declining reliability poses a risk to operational efficiency and crew safety, especially during critical emergency response situations. 10 Packet Pg. 268
Staff Report to the Mayor and City Council
Purchase - Altec Industries, Inc.

June 3, 2025